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Franklin Brown, Steven Woghin, Lauren Stevens. All three attorneys rose to the top of the in-house counsel ranks at their companies. All three faced unprecedented challenges when their companies came under federal investigation. Most importantly, all three were accused of obstruction of justice in how they handled their companies’ responses to government investigations. As executive vice president and chief legal counsel for Rite-Aid Corp., Brown was accused of attempting to deceive government investigators and the law firm hired to perform an internal investigation into the manipulation of the company’s financial statements by coaching witnesses to lie and backdating contracts. Ditto for Woghin, senior vice president and general counsel of Computer Associates International Inc. As vice president and associate general counsel of GlaxoSmithKline, Stevens was accused (but later exonerated at trial) of concealing evidence and making false statements to the Food and Drug Administration (FDA) investigating the company’s off-label promotion of Wellbutrin.
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DOJ’s Cyber Fraud Initiative: A Wake-up Call That Keeps Ringing
By Randy S. Grossman, Kareem A. Salem and Kayla LaRosa
DOJ’s Cyber Fraud Initiative has been a wake-up call for companies to prioritize cybersecurity and adhere to stringent standards. By leveraging the FCA, DOJ has used a powerful enforcement tool to target a wide range of cybersecurity failures and misrepresentations. The increasing focus on cybersecurity by enforcement agencies means that robust cybersecurity practices are becoming a standard expectation, not just a best practice.
The State of Supreme Court Jurisprudence On Public Corruption
By Carrie H. Cohen and Allison M. Magnarelli
In the past decade, each time the Supreme Court has taken certiorari in a public corruption case, the court has reversed trial convictions and limited the types of conduct that constitute a federal bribery offense.
Defending Against Extradition to the United States
By Robert J. Anello and Richard F. Albert
The arm of U.S. extradition law is long. Fortunately, practitioners have defenses at their disposal that they may raise in the requested country’s courts to help either limit the scope of prosecution once extradition occurs, or to prevent it altogether.
New DOJ Self-Disclosure Pilot Program Increases Risk for Startups
By Jonathan Fahey, Jonathan P. Lienhard and Oliver Roberts
The DOJ has created new incentives for employee, or anyone, to report criminal misconduct allegedly committed by companies and their agents. Given their often laxer internal reporting structures and higher employee turnover rates, startup companies should pay particularly close attention to this new development to best mitigate legal risks.